DUI in Kansas

A. Misdemeanor DUI in Kansas - K.S.A 8-1567

A first or second offense
DUI arrest is charged as a "B" or "A" misdemeanor. Those
cases carry a possibility of up to six months in jail and a $1,000 fine
and/or a 1-year jail sentence and a $2,500 fine respectively. For first
offenses, there are special plea agreements that can be worked out to
avoid receiving a conviction or serving a minimum jail sentence. Kansas
carries a minimum jail sentence of 48 hours on a first offense and five
days in jail on a second offense. In special circumstances, those jail
sentences can be avoided by serving a Weekend Intervention Program and
House Arrest. Because these cases can be a prior conviction that can later
have you charged as a felony, it is very important that these charges
are fully investigated and taken to trial if you have a defense. Due to
the fact that these cases can be lifetime convictions, it is ever more
important that these matters be fully investigated and taken to trial
if at all possible.

Frequently, cases can be resolved in city courts when an individual is
charged with a first or second misdemeanor without the harsh consequences
that you see at the state level. Because of the future ramifications and
the possibility of you being charged with a felony, you must take these
cases seriously.

In-Car DVD Video: Most police contact is documented by in-car DVD videos. It is important
to review those videos and compare them to the police reports to make
sure the officer is giving an accurate representation of a suspected drunk
driver's coordination, balance and behavior. Frequently, the observations
police officers report do not appear on the DVD video.

In Kansas, a 3r
d lifetime DUI becomes a felony. You are facing a very real risk of serving
90 days in jail. Obviously, the stigma and legal ramifications of receiving
a felony conviction is serious. Many individuals convicted of a felony
DUI lose employment due to incarceration or the suspension of their driver's
license. Due to the serious nature of a felony DUI conviction, it is critical
to hire any attorney who is experienced in handling these types of cases
as a specialty.

I have handled these cases in Kansas as a prosecutor and defense attorney.
Every DUI is investigated thoroughly to make decisions of whether to take
the case to trial or jury trial. That means that a thorough review of
the police reports, accompanying paperwork and in-car police DVD must
be reviewed. If the case involves a breath test or blood test, all the
supporting documents to show that the proper procedures were used must
be scrutinized.

Because of the importance of maintaining your driving privilege, it is
critical to hire an attorney that specializes in DUI representation. The
State of Kansas has recently increased the potential driver's license
suspension for being arrested on a DUI charge. Depending on whether you
take a breath test, you are looking at a significant driver's license
suspension. In addition, if you have prior DUI arrests, those convictions
or driver's license suspensions can increase your current length of suspension.

If you test below .15%, you are facing a 30-day suspension and 330-day
restriction.

If you test over .15%,you are facing a 1-year suspension followed by a
1-year ignition interlock requirement.

Those are all situations if you have no prior DUI suspensions. If you have
priors, you are obviously facing a much more lengthy suspension.

Request for Kansas Driver's License Hearing

If you arrested for a DUI, you only have 14 days to request a driver's
license hearing before the Department of Revenue. That hearing request
has to be done in the correct form and in the correct manner, or a hearing
will not be granted and the police officer may not be required to appear
at the hearing.

Your driver's license will remain valid until you have a hearing regarding
your alleged failure of a breath test.

Those hearings are taking four to five months to get scheduled. In addition,
due to the State of Kansas budget problems, many areas in the State of
Kansas are currently not scheduling driver's license hearings.

Commercial Driver's License

If you are arrested for a DUI while operating a commercial vehicle and
you have a
commercial driver's license, your license will be immediately suspended.

You will be given Notice of that suspension and the opportunity to appeal
that suspension. However, your license will remain suspended until you
have the opportunity to have a hearing.

Drivers with commercial driver's licenses are not eligible for Diversion
even when not operating a commercial vehicle and they receive a DUI.

D. Diversion

If you have no prior DUI arrest convictions, you may be eligible for Diversion.
Diversion is a program where you can avoid receiving a conviction if you
complete the diversionary program. However, that diversion will remain
on your driving record and can be used to increase any future DUI arrests
to a second-time DUI or a felony_ For that reason, Diversion should not
be taken lightly. In addition, you will have several terms and conditions
of Diversion:

Alcohol Evaluation. Choosing your Alcohol Evaluator is very important to
how your case is monitored while on Diversion. The Law Office of John
Harvell is associated with many alcohol evaluators within the Kansas City
metropolitan area and will assist in having you referred to the best evaluator
for your particular case. Random Urinalysis - Drug Testing and Alcohol Testing

Monthly meetings with a diversion monitor

Completion or recommended alcohol classes

No consumption of alcohol for the period of diversion

No violations of law

Diversion Revocation: If you fail to complete any term or condition of Diversion, you will be
facing a diversion revocation. That means if you consume alcohol, not
complete any required alcohol classes or the Victim Impact Panel, you
will be facing a diversion revocation, a conviction on the charge and
serving the minimum jail sentence.

Treatment: Your alcohol evaluation is going to recommend a minimum 8-hour ADSAP class.
If you have a second offense or a high breath test, you are also likely
to be required to complete outpatient treatment.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.